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Workers of an export timber production company in Linh Trung EPZ, Ho Chi Minh City – Photo: TTD
Many readers of Tuoi Tre wonder about the provisions of the new law. Tuoi Tre presented the lawyer’s response to this matter.
The husband’s salary can be transferred directly to wife account?
* I heard that from 1-1-2021, husband’s salary can be transferred directly to wife’s account. Is this regulation really screwed up? (Nguyen Thi Dao, Binh Thanh, HCMC)
– Lawyer Le Trung Phat (Ho Chi Minh City Bar Association): This is a new point specified in article 94 of the Labor Code of 2019. Consequently, in case the employee (the employee) cannot receive the salary directly, the employer (the employer) can pay the salary to the authorized employee by the employee. legal.
This provision generally occurs for employees who receive a cash salary on the condition that the employee is ill, on a long distance business trip or faces some obstacles and cannot receive the salary directly before authorizing another person to accept. the replacement. The authorized person can be parents, spouse, children or anyone and both parties must carry out the authorization procedures in accordance with the Civil Code.
Employees can go to the Popular Committee of the commune or neighborhood or to the notary to authorize their relatives to receive salaries in their place. In case of receiving salary by bank transfer, the employee must agree and provide an account for the business to transfer money to relatives. In this case, authorization is not required because the will of the employee has been demonstrated.
Prohibit forcing employees to buy goods and services from the company.
* My old company used to reward employees with a cell phone made by the company. If I use a phone from another company but don’t use a phone made by the company, I will be fined (or fired). Some companies also use this other way to force employees to buy and use company products, sometimes deducting from wages, if it violates labor law. Moving? (DKL, Go Vap district)
– Attorney Bui Quoc Tuan (Ho Chi Minh City Bar Association): According to the provisions of the Labor Code 2019 on the principle of salary payment, the employer must pay the salary directly, completely and on time. At the same time, the law also prohibits the employer from limiting or interfering with the employee’s right to self-determination to spend the salary, does not oblige to appoint the employee to spend his salary on the purchase of goods and the use of services.
This is a new progressive regulation that protects the legal rights of employees. Avoid the case that the employee needs to receive a full and timely salary to deal with daily life, but the company extends the pay period or due to slow consumption of goods, force the employee to buy their own goods for production, while that the employee does not want to use.
Company I have to pay a fee yes pay salary through account?
* The 2019 Labor Code stipulates that in the case of salary payment through an employee’s personal account opened in the bank, the employer must pay the fees related to the opening of the account and the sending of wages. So if the company pays me through my ATM account, I only have to pay a fee maintenance card? (My Tin, Tan Binh District, HCMC)
– Lawyer Le Trung Phat (Ho Chi Minh City Bar Association): This matter is specified in article 96 of the Labor Code and Decree 145/2020 (will enter into force on 1-2-2021). Typically, when paying wages through their accounts, employers require employees to provide them with an account number for a certain bank. Therefore, if the employee has an account number available, it will be provided to the employer.
If at that time the employer does not require a bank account number, the employee is forced to open a new account. At this time, the employer must pay the cost of opening the account (if applicable). Of course, the employer does not have to pay fees related to balance updates via SMS or Internet banking registration fee.
Regarding payroll transfer fees per account, banks now have incentive packages for employers to use the payroll service on account, so most employers do not charge fees when they pay wages through of bank accounts.
Do not abuse the right to discipline work.
According to lawyer Bui Quoc Tuan, companies and employees are agreed in the employment contract on how to pay wages. Each time a salary is paid, the employer must notify the employee’s payroll, clearly stating the salary, overtime pay, night pay, and deductible amount (if applicable).
In addition, the law also adds clear provisions on prohibited acts when disciplining: violation of the health, honor, life, reputation and dignity of the employee; arbitrarily fine, cut salary instead of handling labor discipline. The employer cannot self-discipline the employee whose violation is not specified in the labor regulations or does not reach an agreement in the signed labor contract or the labor law is not regulated.
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